Mayor & Common Council Meetings

CITY OF WESTMINSTER, MARYLAND MAYOR AND COMMON COUNCIL MEETING AUGUST 12, 2013 QUORUM: A meeting of the Mayor and Common Council was held in the Council Chambers at City Hall, 1838 Emerald Hill Lane, Westminster, Maryland on the evening of August 12, 2013, at 7:00 P.M. Mayor Utz; Council President Wack; Council Members Albert, Chiavacci, Frazier and Whitson; City Administrator and Acting City Clerk Wolf, City Treasurer Palmer; Chief of Police Spaulding, Director of Recreation and Parks Gruber, Director of Public Works Glass; Director of Community Planning and Development Horn, Director of Housing and Preservation Services Beyard; and City Attorney Levan. Mayor Utz read a proclamation declaring September 17- 23, 2013 as Constitution Week in the City of Westminster. Mayor Utz conducted a public hearing on Ordinance No. 845 - Planned Regional Shopping Center (PRSC) Text Amendment. Mr. Horn informed the Mayor and Common Council that on June 25, 2013, the City of Westminster Planning and Zoning Commission reviewed a proposed text amendment to the Planned Regional Shopping Center (PRSC) Zoning District. The proposal amends Article XV, Section 164-100 of the City’s Zoning Ordinance in order to add “Animal hospitals, veterinary clinics, and accessory kennels without exterior runways” to the list of permitted uses in the PRSC zone. Mr. Horn explained that ‘Animal service’ types of uses are already permitted in other City shopping center districts, including those in the Business (B) zone and Neighborhood Commercial (NC) zones. This proposal would allow for the co-location of an animal hospital or veterinary clinic at a shopping center within the PRSC zone. The Planning Commission found the inclusion of animal hospitals and veterinary clinics to be consistent with the intent of the PRSC zone and in keeping with the types of uses anticipated to locate or collocate within other shopping center districts in the City. The Mayor and Common Council introduced Ordinance No. 845 during the meeting on July 22, 2013. Lisa Lawler Graditor, attorney of Linowes and Blocher LLP, representing Cranberry Square Shopping Center, explained that the purpose of this text amendment is to allow a co-location of a veterinary clinic or animal hospital in the same shopping center where pet shops are currently permitted. Mr. Chiavacci questioned if the veterinary clinic would only service household pets. The representative of the owner of Cranberry Square replied that it would primarily service household pets. With no additional comments or questions from the Common Council and the public, Mayor Utz closed the public hearing. Ms. Gruber introduced Nicholas Henderson, winner of an essay contest titled “Why do you love Westminster City Recreation?”. Ms. Gruber explained that Nicholas, currently a student of William Winchester Elementary, will be soon attending North Carroll Community School. As the contest winner, Nicholas and his family won four tickets to Hershey Park. Nicholas shared his essay with the Mayor and Council. MINUTES: Upon motion of Mr. Frazier, seconded by Mr. Chiavacci and unanimously passed, the minutes of the Council meeting of July 22, 2013 were approved. REPORT FROM THE MAYOR: Mayor Utz shared an e-mail from Carroll Lutheran Village thanking the Mr. Glass and his staff for the great customer service and quickly repairing a recent water main break. Mayor Utz reported that the first Holiday parade meeting was on August 12, 2013. REPORTS FROM STANDING COMMITTEES: Mr. Whitson commented on the proposed elimination of grass clipping collection, stating that if citizens need to remove the clippings themselves, then this will cause more gas pollution in comparison to a few City trucks coming around to collect the clippings, which defeats the ecological purpose. Mr. Whitson favored allowing people to choose whether or not to put out the grass clippings. Mayor Utz added that during National Night Out, he also heard negative comments from citizens regarding the proposal. He commented that this will need to be discussed further before a final decision is made. ORDINANCES & RESOLUTIONS: Mr. Horn informed the Mayor and Common Council that on June 25, 2013, the City of Westminster Planning and Zoning Commission reviewed a proposed text amendment to the Planned Industrial (PI) Zoning District. The proposal will amend uses permitted to allow drive-though facilities at banks and to add “Trade Schools” to the list of permitted uses. Mr. Horn also added that this would allow for some additional commercial and retail businesses. Mr. Horn explained that the Planning Commission found the inclusion of limited commercial activities to be consistent with the intent of PI zone as originally envisioned. The Commission also found the allowance of mixed uses to be an important option in the ongoing economic success of properties located within the PI zone. The Planning Commission noted that the approval process for these uses remains consistent with the strict administrative procedures already required of planned developments within this and other zones in the City. Specifically, any proposal to take advantage of these options involves review and approval by both the Planning Commission and the Mayor and Common Council. Mr. Chiavacci questioned Robert Rosen, owner of the Carroll Commerce Center, as to whether he would pursue these uses despite the difficult administrative approval process required. Mr. Clark Shaffer, who represents Mr. Rosen, replied that the owner does not have any concrete proposals but believes that this is something that will benefit the Center. Mr. Chiavacci expressed his concerns on whether the Planning Commission had taken increased volume of traffic into consideration and if there are traffic improvement plans for that area. Mr. Horn replied that Planning Commission did consider the traffic in the area and noted that traffic is going to continue to be an issue at this location. There are some plans and opportunities to improve traffic flow through that area, but it’s going to remain a challenge. Mr. Chiavacci commented that he is in support of promoting business and questioned Mr. Rosen on how much this would benefit the Commerce Center. Mr. Rosen explained that this will likely increase investment at the Center. He shared that they accepted a lower offer from Carroll Foods in order to have the building occupied. Mr. Rosen commented that allowing a mix of uses benefits the Center. Mayor Utz questioned Mr. Rosen if high speed internet access would be of use in on the property; Mr. Rosen replied yes. Mr. Frazier questioned the current amount of PI zoning in the City. Mr. Horn replied that the Commerce Center and a portion of Technology Park on the east side of Route 97 are the only areas so zoned. Mr. Chiavacci motioned to introduce Ordinance No. 846, Mr. Whitson seconded, and the motion passed unanimously. President Wack explained that Ordinance No. 845 – Approval of Planned Regional Shopping Center (PRSC) Text Amendment was up for approval following the earlier public hearing. Ms. Albert motioned to approve Ordinance No. 845, Mr. Chiavacci seconded, and the motion passed unanimously. President Wack requested a motion to approve Resolution 13-09 to Submit An Application for Community Legacy Funding. Ms. Wolf summarized the Resolution, adding that the City is planning to submit the application for $150,000 to continue the Façade Improvement Program on Main Street. Mr. Whitson motioned to approve Resolution 13-09, Mr. Chiavacci seconded, and the motion passed unanimously. NEW BUSINESS: Ms. Wolf announced that the City received the FY2013-2014 Town/County Agreement in the amount of $1,002,817. This year’s Agreement also included $12,897 in road funds - last year’s Agreement was for $906,611, and $12,830, respectively. Also in this year’s Agreement is the ongoing commitment by the City to fund the National Pollution Discharge Elimination System (NPDES) position. Consequently, the City’s total funding will be reduced by $16,570 - the City’s pro-rated amount to fund the position. Upon motion of Mr. Frazier, seconded by Mr. Chiavacci, the Council unanimously approved the FY2013-2014 Town/County Agreement. President Wack referred to Ms. Wolf’s memo regarding the Council Rules of Order and Procedure which specified the conflict of having a quorum and, as a result, necessitating the Council President to vote on a motion. He explained that the current Rules only speak to the President voting when there is tie in the vote. The Rules and Procedures need to specify allowing the President to vote in other circumstances and add additional language regarding workshops as opposed to regular meetings. Ms. Albert added absentee vote needs to be discussed as well. Mr. Chiavacci inquired if the objective of the amendment is that if the Council is going to have three Council members available to have a quorum, the President cannot vote, and thus there is no quorum. Ms. Wolf replied this would mean any three people that attended would form a quorum. Mr. Chiavacci believes that the reason the President does not vote is because at times he needs to be a moderator in his role as President and feels that this is important. Mr. Chiavacci suggested rewriting this section so that it specifies if only three council members are present, then the Council President will vote to form a quorum. Ms. Levan expressed her concerns about the Rules and Procedures in the current format as it relates to the Code and the Charter. The Charter provides the election of five members of the Common Council. She explained that the Code and the Charter does not divest the person so elected to the Common Council from electoral duties; therefore, the voters who elect that person have some expectation that he or she will vote. Ms. Levan expressed that she would feel a greater degree of comfort if the Rules and Procedures were in the Charter. Mr. Chiavacci expressed that codification and the Rules and Procedure should be separate, and that until it is codified, the President can retain a vote in a case of tie, which has never before affected Council business. Ms. Levan explained that in previous cases when Council had a smaller quorum, it did not stop City business from moving forward. Ms. Wolf questioned Ms. Levan about adding Mr. Chiavacci’s suggestion regarding the President’s vote. Ms. Albert commented that in the event that the Council accepts the Rules and Procedures, can vote through an absentee ballot process, then it would be enough votes. President Wack and Mr. Chiavacci agreed that they are opposed to the absentee ballot. Mr. Chiavacci questioned if there are any Charter Codes that specifically authorizes the proposal; Ms. Levan replied no. Mr. Whitson commented that there are things that could come up during the meeting that may change the person’s mind if they were present during the meeting. Mr. Chiavacci agreed with Mr. Whitson. Mr. Whitson suggested having citizen comments at the beginning of the meeting for items on the Agenda that the Council is voting on. Ms. Wolf commented that there would need to be a time limit if the agenda is done in this order. Mr. Frazier expressed that he feels citizens have plenty of time before an item is approved because an item of business is introduced first. Mr. Chiavacci expressed his concern that their perspective may change during the course of the meeting and felt it appropriate to do it at the end of the meeting. Ms. Albert commented that it should depend on the item and should be at the President’s discretion, but should not be made relative to the agenda before each meeting because it will affect the flow of the Agenda. Dr. Wacked agreed that this could be disruptive to the Agenda. Ms. Albert suggested that in the event that one of the Council members are aware that a citizen who has a concern and they are present at the meeting, make the President aware of it and make that determination before the start of the meeting in the event the person is unable to attend the entire meeting. Ms. Albert motioned, pursuant to Section 10-508-A-7 of the State Government Article of the Annotated Code of Maryland, to conduct an executive session at the conclusion of the current meeting. Mr. Chiavacci seconded, and the motion passed unanimously. DEPARTMENT REPORTS: Mr. Beyard updated the Mayor and Common Council on the Rental Licensing program. He reported that he has received 2,780 applications, which means eighty-four percent (84%) compliance with the program. Mr. Beyard has reviewed properties through the State Department of Assessments and Taxation showing that ninety-five percent (95%) are rentals within the City limits. The plan is to track rental owners that have not received a rental license at this time and then send out letters with the increased fee. Within the Greens there are a total of 170 rentals and 60 are not licensed. Middlebrook has 50 rentals and half of those rentals are licensed. Mr. Beyard shared that the Home Owners Associations have been very helpful with noting which properties are rental properties. He feels that he has a good plan in place to get close to receiving one hundred percent of the licenses. Mr. Beyard also reported that the City has not had to give any citations to date. Ms. Gruber reported that the window refurbishing has begun in the Armory. She also reported that she has submitted the grant for Charles Street Park for new equipment for the Tot lot including a section for older children to serve more of the population. Ms. Gruber shared that the Program Open Space Grant Belle Grove Square improvements has been recommended through a preliminary approval through MML and will go through State Board of Public Works for further consideration. Chief Spaulding reported that the transformer is still in the planning process of being transported to Gettysburg. He explained that because the transformer weighs more than expected, engineering needed to be redone for the move. He shared that with the transportation truck and the transformer weigh a combined total of 610,000 pounds. Mr. Glass added that everything will be videotaped previously in preparation for the move so that in the event of damage, the party responsible for the transformer would be held liable. Mr. Horn reported that the Board of Zoning Appeals concluded the Holy Apostle’s Church hearings on August 1 and should have a written decision by the end of August. After that it will be up to the church to decide in which direction they would like to proceed. Mr. Glass reported that along with the window refurbishing in the Armory, City Hall’s second floor windows have been removed and are in the process of being re-glazed. He also reported that the Sawgrass water tank repainting has been completed and is awaiting water test results. Mr. Glass shared that the curb work for handicap ramps have begun on Locust Street. Mr. Glass shared his appreciation for the e-mail that was received from Carroll Lutheran Village. Ms. Wolf reported that the City has started the process of having an automated Agenda for the Council meetings and having the audio recording of the meeting that would be accessible on the webpage. The Technology Department is working toward automated timesheets, rather than paper timesheets. Ms. Wolf also reported that the Section 8 Housing Program will begin having mandatory direct deposit for landlords. She reminded the Mayor and Common Council of the MML Chapter dinner that will be hosted by the City of Westminster at Maggie’s Restaurant on September 19. Ms. Wolf then reported that the Maryland Energy agency will be visiting on August 13 regarding the energy grant. The Agency will be looking at City buildings for an upcoming geothermal project and some other projects for solar energy. Ms. Wolf shared that there will be a Main Street meeting on August 23rd at the Carroll Arts Center. ADJOURN: President Wack adjourned the meeting at 8:17 PM. Respectfully Submitted, Shannon Visocsky